JODHRAJ Vs. DWARKA BAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition under Section 397 Cr.P.C. is directed against the judgment and order dated 27.01.2011 passed by learned Family Court, Kota(hereinafter referred to as 'the Court below') in Misc. Criminal Case No. 641/2008, whereby the application filed by the respondent-wife, Dwarka Bai under Section 125 Cr.P.C. was allowed and the petitioner-husband was directed to make payment of maintenance allowance of Rs. 1,000/- per month to the respondent-wife from the date of filing of the application i.e. 18.08.2008 and also ordered to pay the amount due till the date of order within three months.

(3.) Briefly stated the facts of the case are that the petitioner married with respondent seven years ago. The respondent preferred an application under Section 125 Cr.P.C. before the Court below inter alia averring that after some time of marriage, the petitioner/husband started giving maltreatment to the respondent and demanding dowry. The petitioner had left the respondent two years ago and since then the respondent is living with her parents. The respondent does not earn anything whereas the petitioner is earning Rs. 5,000/- to 6,000/- by doing work on a shop. Besides that, the petitioner is owner of 12 Bighas of land and from that land, he is earning Rs. 6,00,000/- to Rs. 7,00,000/- per annum and with these averments the respondent/wife prayed for maintenance allowance for herself @ Rs. 2,500/- per month.